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Socorro Banasan DE GUZMAN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2012-08-13No. No. 10-72029
475 F. App'x 229

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Opinion

majority opinion

MEMORANDUM

Socorro Banasan De Guzman, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s order denying her motion to reopen removal proceedings conducted in absentia. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying De Guzman’s motion to reopen because she failed to demonstrate changed circumstances in the Philippines. See 8 C.F.R. § 1003.23(b)(4)(i); Najmabadi, 597 F.3d at 990.

We lack jurisdiction to consider De Guzman’s unexhausted request for humanitarian relief. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).